G.R. No. 132717 - PEOPLE OF THE PHILIPPINES, VS. EMMANUEL MANA-AY, ANTHONY MANA-AY, JULIUS MANA-AY AND NILBERT BANDERADO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding the accused Anthony Mana-ay, Emmanuel Mana-ay, Julius Mana-ay and Nilbert Banderado guilty beyond reasonable doubt of the crime of [m]urder defined and penalized under Article 248 of the Revised Penal Code as amended by Rep. Act No. 7659, there being evidence of complicity, judgment is hereby rendered sentencing the said accused as principals by direct participation with the penalty of reclusion perpetua, with all accessory penalties of the law. In addition, each [of the] four above-named accused is ordered to pay the heirs of the late Francisco Salvani Pe the sum of P50,000.00 or a total of P200,000.00 as civil indemnity for the death of Francisco Pe and the further sum of P404,860.75 for actual damages and attorney's fees, P300,000.00 for moral damages and P200,000.00 for exemplary damages, jointly and severally, with costs." [6] In view of the penalty involved, the appeal was filed directly with this Court. [7] The Facts According to the Prosecution In its Brief, [8] the Office of the Solicitor General summarized the prosecution's version of the facts as follows: [9] "On January 21, 1995, at around 5:30 p.m., Editha Pe Tan was cleaning their house located at 22-A Valeria Extension, Brgy. Kauswagan, Iloilo City, when she heard two (2) gunshots coming from Central Radio and Electronic School (CRES) which is adjacent to their house. She looked outside the gate and saw people running from Quezon Street to Valeria Street. She immediately closed the gate (pp. 4, 7 and 10, TSN, March 14, 1995). "Thereafter, Editha's father, Francisco Pe, who was a Barangay Kagawad of Barangay Kauswagan, Iloilo City, asked her about the gunshots. She informed him that people were running in the alley. Francisco wanted to go out of the house to see what was happening but Editha advised him not to go out. Despite the advice, Francisco went out [of] their house towards Valeria Street. Editha followed him (pp. 7-8, ibid.). "Francisco talked to people passing at Valeria Street. Suddenly, Editha, who was then more or less 8 meters from her father, saw people running towards her father. Then, she saw Victorio and Anthony, both surnamed Mana-ay, carrying guns (pp. 10-11, ibid.). Victorio shouted: "[S]ons of bitches, you are too much!" Francisco turned around while the people whom he was talking to moved away. Then, Victorio shot Francisco followed by Anthony with another shot. Wounded, Francisco leaned on the gate of the CRES. Still, Anthony approached Francisco and pointed his gun at the latter's head. Francisco held Anthony's arm and they grappled for possession of the gun. (pp. 13-14, ibid.) "Editha then heard successive shots and saw Victorio jump on her father while appellants Julius and Emmanuel Mana-ay, Nilbert Banderado with 2 or 3 others ganged up on her father and stabbed him (p. 14, ibid). "Editha ran towards their house and sought help. Her husband, Romulo Tan, responded and they went out of the house. She saw her bloodied father lying lifeless